By Adam Pengilly

Updated25 January 2016 — 5:27pmfirst published at 11:20am

French jockey Thomas Huet had an appeal against a contentious improper riding ban quashed on Monday despite his legal counsel describing the incident as far less serious than one involving Hugh Bowman for his use of an elbow in the Epsom-winning ride on Winx.

Huet failed to beat one of the most serious accusations that can be levelled at a jockey, which stemmed from an alleged use of an elbow on rival rider Jessica Taylor late in a race at Wyong on its Magic Millions day last month.

Appeal dismissed: Thomas Huet is suspended from riding from January 27 until February 25.

Photo: Greg Totman

Taylor won the race on Smarty Pants by a short head from Huet's mount He's Our Toy Boy.

Stewards sanctioned Huet with the rarely used improper riding charge and issued a four-week suspension, but Huet's legal representative, Wayne Pasterfield, vigorously argued the incident was far less significant than Bowman's controversial effort on Winx.

Bowman, Australia's leading group 1 jockey, confessed he had made contact with rival Blake Shinn on Kirramosa with an elbow, but was later banned for eight meetings on a lesser careless riding charge.

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It allowed him to return in time to partner Chris Waller's wonder mare in her Cox Plate triumph.

Huet, who denied ever making contact with Taylor, could not escape a first improper riding charge in more than 15 years of riding internationally and in Australia.

On the two incidents, Pasterfield said: "It [Bowman's] was much more serious than this."

Steward Marc Van Gestel tendered video evidence which he argued showed Huet making contact with Taylor by extending his elbow a stride before the line in an attempt to block her mount Smarty Pants from winning the race.

He also told the panel a "desperate" Huet was frustrated with his mount in the rich Wyong Magic Millions Classic, Conchita, bucking shortly after the start and taking no part in the preceding race.

"It sets a flavour to what happened in the following race," Van Gestel said. "It's an act of desperation. There was real potential in this circumstance for danger with an apprentice rider riding short. Clearly there's contact between the two riders with his elbow."

Responded Huet: "If I start getting affected by these situations I will never ride again. I wasn't desperate and if I have to do bad things to win races I will stop riding.

"I'm a winner. I want to win races, but I don't want to win races in a dirty way. I didn't make any contact with Jessica Taylor. I know that and she knows that."

Pasterfield argued the horse's tendency to shift ground, as shown by a previous win at Scone, meant Huet had adopted an "ugly" riding style in an effort to correct his mount. He also maintained the sharp right turn straight after the winning post at Wyong meant most horses usually laid in near the line.

He also said Taylor's inability to question Huet straight after they had passed the post meant she felt no contact and described the stewards' line of questioning of the rider after the Conchita mishap as "fishing for a motive".

"She [Taylor] does not move her head at all, doesn't challenge or question him at all in regards to this sinister allegation levelled at my client," Pasterfield said.

Huet's suspension will begin on January 27 and he will be free to ride again on February 25.